In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 (“the LRA”). The latter section enables an employer to terminate an employee’s employment based on operational requirements. Section 136(1)(a) of the Companies Act provides that, during business rescue proceedings, employees will continue to be employed by the employer on the existing terms and conditions of employment ...
Karanović & Nikolić recently organised a workshop in cooperation with the Faculty of Law, under the title of "Managing Emotions in Labor Disputes – More than Law", as part of the Trial Simulation and Case Studies course ...
In the late 1980s, stories of garbage hauled in the same trucks regularly used to transport fruits and vegetables caused public outrage. Outbreaks of foodborne illnesses, including a salmonellosis outbreak that affected 224,000 consumers, have been attributed to contamination of transportation vehicles. Recently, a major U.S. foodservice distributor was penalized after its practice of storing seafood, milk and raw meat in unrefrigerated sheds was uncovered ...
Obesity was not a disabilityThe judgment in the obesity case - which has caused quite a stir both in Denmark and the rest of the world - has finally been delivered.The case involved a Danish childminder who for more than 15 years had worked for a municipalitywhere he had provided childcare services in his own home. On 22 November 2010, the childminder was dismissed due to a decreased number of children in the municipality ...
According to the Danish Supreme Court's judgment of 17 March 2016, an employer's summary dismissal of an employee was justified due to the employee's use of his company mobile phone for the purchase of train tickets by means of an app, after which the expense was paid over the phone bill. The case involved an employee who - by virtue of his position as system developer - had been provided with a company mobile phone ...
This question was addressed by the Danish Board of Equal Treatment in its decision of 3 March 2016. The Board found that a provision in the staff manual - stipulating the termination of the employment relationship when the employee had reached the age of 70 - could not, as a matter of course, be considered to form part of the specific employment relationship ...
One of the issues an employer is obliged to consult on during a potential retrenchment process is the selection criteria to be applied when determining which employees will be dismissed and which will be retained. In doing so, the employer should aim to reach agreement with the other consulting party/parties on what the selection criteria should be ...
Dear All,We would like to inform you that the President of the Russian Federation ordered to abolish the Federal Migration Service (hereinafter the “FMS”). Decision is formalized by the Executive Order “On Improving State Administration in Exercising Control over the Circulation of Narcotic Substances, Psychotropic Substances and their Precursors, and in the Sphere of Migration” No. 156 dated April 5, 2016 (hereinafter the “Executive Order”) ...
In December 2015, the Court of Appeal of Quebec in Éthier v. Compagnie de chemins de fer nationaux du Canada1 confirmed that section 36 of the Act Respecting Occupational Health and Safety (?AROHS?)2does not apply to federal undertakings and that, accordingly, a worker who is pregnant or breastfeeding and who is on preventive withdrawal in accordance with the Canada Labour Code (?CLC?)3is not entitled to receive an income replacement indemnity ...
The world is moving at a break neck pace, and a crucial element at the root of these changes are technological developments. As the global business landscape has been irrevocably altered by these developments, it was only a matter of time before each comprising industry would have had to adapt and – to a certain degree – reinvent itself as a consequence ...
There is encouraging news for those with plans of getting involved in a start-up project in Slovenia, as theSlovenian Enterprise Fundhas announced almost EUR 5 million to support innovative start-ups this year ...
On January 29th, 2016, the Supreme Court issued a ruling (hereinafter the “Ruling”), that changed the criteria regarding the requirements that trigger the entitlement to the statutory benefit known as “full week” (semana corrida) which applies to employees who are remunerated based on a fixed salary and a variable compensation. 1.- Criteria before the Ruling The full week benefit was originally applicable to employees remunerated exclusively on a daily basis or by piecework ...
Dear All, Recently we have informed you on the general prohibition to use lease of personnel in Russia introduced by the Law No.116-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" which came into force as of January 1, 2016. After it was adopted there was a period of uncertainty when it was not clear whether secondment contracts concluded before 2016 shall be terminated or not ...
California Code of Regulations, title 2, section 11023 became effective April 1, 2016. It has new and specific requirements for employers’ anti-harassment, anti-discrimination, and anti-retaliation policies. California employers should revisit their policies to ensure they are in compliance with the new regulations and make sure the policies have been properly distributed to all employees ...
From its beginnings, Karanović & Nikolić has shown a deep commitment towards attracting, developing and attaining top experts in the legal profession. In order to be the best we must have the best people and offering a world class learning and development programme has been an integral part of our business philosophy. By providing the opportunity to our people to grow individually and become better professionals we are able to provide better service to our clients ...
The Copy Right Act 1987 provides a framework for the protection of copy right and enforcement through civil redress, as well as outlines the powers granted to state authorities for the enforcement of copy right and prosecution of copy right offences. The Copy Right Amendment Act 2012 (“2012 Amendment Act”) came into operation on 1st March 2012. The following is a summary of some of the amendmentspursuant to the 2012 Amendment Act ...
In the Official Gazzette 720 of March 28th, 2016 was published the Development of Youth Work, Exceptional Regulation to the Working Time and Unemployment Insurance Organic Act (Ley Orgánica para la Promoción del Trabajo Juvenil, Regulacion Excepcional de la Jornada de Trabajo, Cesantia y Seguro de Desempleo).This brand-new Act modifies the following laws:Labor CodeCreates the new labor figure of Youth Work, which can be sign with persons between 18 to 26 years old ...
The members of the National Privacy Commission (NPC) have been named. President Benigno Aquino III has appointed Raymond Liboro as the Commissioner of the National Privacy Commission. Prior to his appointment, Liboro was the officer-in-charge of the Department of Science and Technology's Science and Technology Information Institute. The following are the Deputy Privacy Commissioners: Dondi Mapa and Ivy Patdu ...
A company that obtains information from a number of competitors (for example, to create industry statistics or to provide price comparisons) should be careful not to facilitate the flow of confidential information between those competitors. Two recent cases highlight the potential competition law issues. We will then look at some practical considerations to keep in mind ...
On February 1, 2016, the Federal Deposit Insurance Corporation (“FDIC”) published the Winter 2015 issue of Supervisory Insights. Not surprisingly, the first article dealt with the most important issue facing the financial industry today – cybersecurity ...
Last January 14, the Communications and Transportation Ministry published the prequalification rules pertaining the international open tender number PO-009000988-N1-2015 awarding the construction of a high speed train project that will run in the route Mexico, D.F. - Santiago de Querétaro, Querétaro, including the definitive executive program, construction, supply, set up and extended testing of a railway track, rolling stock, equipment, systems and other components ...
1. Introduction On 21st January 2016, the Italian Cabinet gave the green light for the “Reorganization, rationalization and simplification of Port Authorities” decree (the “Ports Decree”), which reviews a system which has been in place for over 20 years. The Ports Decree is part of the re-launch of ports and logistics in Italy promoted by the Ministry for Infrastructure and Transport (“MIT”) ...
Employment law specialist and Karanović & Nikolić's Senior Associate, Jelena Danilović, has contributed to the newest edition of Women, Business and the Law 2016 – Getting Equal, issued by the World Bank Group.This report is the fourth in a biennial series of reports that provide objective measures of legal and regulatory barriers to women's entrepreneurship and employment ...
